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45 Illinois opinions name it 2 courts 1986–2024 6 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carpetland U.S.A., Inc. v. Illinois Department of Employment Securitygreen2 sentences2015Carpetland U.S.A., 201 Ill. 2d at 369 . ¶ 38 Where the fact finder examines the legal effect of a given set of facts, it decides a mixed question of law and fact, which is subject to an intermediate standard of review. 2015Carpetland U.S.A., 201 Ill. 2d at 369 . ¶ 38 Where the fact finder examines the legal effect of a given set of facts, it decides a mixed question of law and fact, which is subject to an intermediate standard of review. | 9 | 13 |
AFM Messenger Service, Inc. v. Department of Employment Securitygreen2 sentences2012AFM, 198 Ill. 2d at 392 . 2010AFM Messenger, 198 Ill. 2d at 392, 395 ; see also Cinkus, 228 Ill. 2d at 211-12 (reaffirming AFM Messenger's elucidation of the “clearly erroneous” standard of review). | 6 | 7 |
In re K.P.green2 sentences2024In re K.P., 2020 IL App (3d) 190709, ¶ 41 (citing People v. Peterson, 2017 IL 120331, ¶ 37 ). ¶ 33 In evaluating a child’s best interest, the trial court must consider the following statutory factors: -7- “(1) the child’s physical safety and welfare; (2) the development of the child’s identity; (3) the child’s familial, cultural and religious background and ties; (4) the child’s sense of attachments, including love, security, familiarity, continuity of affection, and the least disruptive placement alternative; (5) the child’s wishes and long-term goals; (6) the child’s community ties; (7) the 2024In re K.P., 2020 IL App (3d) 190709, ¶ 41 (citing People v. Peterson, 2017 IL 120331, ¶ 37 ). ¶ 52 In evaluating a child’s best interest, the trial court must consider the following statutory factors: “(1) the child’s physical safety and welfare; (2) the development of the child’s identity; (3) the child’s familial, cultural and religious background and ties; (4) the child’s sense of attachments, including love, security, familiarity, continuity of affection, and the least disruptive placement alternative; (5) the child’s wishes and long-term goals; (6) the child’s - 11 - community ties; (7) t | 3 | 3 |
Dowrick v. Village of Downers Grovegreen2 sentences2006An agency's findings of fact will be upheld unless against the manifest weight of the evidence, i.e., unless the opposite conclusion is clearly evident. [Citation.] On the other hand, an agency's rulings on questions of law are reviewed de novo. [Citation.] Mixed questions of law and fact are reviewed under an intermediate standard. [Citation.] A mixed question exists where the historical facts are admitted or established, the rule of law is undisputed, and the only issue is whether the facts satisfy the settled statutory standard. [Citation.] The agency's decision will be upheld unless it is 2006An agency’s findings of fact will be upheld unless against the manifest weight of the evidence, i.e., unless the opposite conclusion is clearly evident. [Citation.] On the other hand, an agency’s rulings on questions of law are reviewed de novo. [Citation.] Mixed questions of law and fact are reviewed under an intermediate standard. [Citation.] A mixed question exists where the historical facts are admitted or established, the rule of law is undisputed, and the only issue is whether the facts satisfy the settled statutory standard. [Citation.] The agency’s decision will be upheld unless it is | 2 | 4 |
In Re DTgreen2 sentences2018In re D.T., 212 Ill. 2d 347, 362 (2004). 2018In re D.T., 212 Ill. 2d 347, 362 (2004). | 2 | 3 |
People v. Adeline E.green2 sentences2024In re K.P., 2020 IL App (3d) 190709, ¶ 41 (citing People v. Peterson, 2017 IL 120331, ¶ 37 ). ¶ 33 In evaluating a child’s best interest, the trial court must consider the following statutory factors: -7- “(1) the child’s physical safety and welfare; (2) the development of the child’s identity; (3) the child’s familial, cultural and religious background and ties; (4) the child’s sense of attachments, including love, security, familiarity, continuity of affection, and the least disruptive placement alternative; (5) the child’s wishes and long-term goals; (6) the child’s community ties; (7) the 2024In re K.P., 2020 IL App (3d) 190709, ¶ 41 (citing People v. Peterson, 2017 IL 120331, ¶ 37 ). ¶ 52 In evaluating a child’s best interest, the trial court must consider the following statutory factors: “(1) the child’s physical safety and welfare; (2) the development of the child’s identity; (3) the child’s familial, cultural and religious background and ties; (4) the child’s sense of attachments, including love, security, familiarity, continuity of affection, and the least disruptive placement alternative; (5) the child’s wishes and long-term goals; (6) the child’s - 11 - community ties; (7) t | 2 | 2 |
Cinkus v. Village of Stickney Municipal Officers Electoral Boardgreen2 sentences2010AFM Messenger, 198 Ill. 2d at 392, 395 ; see also Cinkus, 228 Ill. 2d at 211-12 (reaffirming AFM Messenger's elucidation of the “clearly erroneous” standard of review). 2010AFM Messenger, 198 Ill. 2d at 392, 395 ; see also Cinkus, 228 Ill. 2d at 211-12 (reaffirming AFM Messenger's elucidation of the "clearly erroneous" standard of review). | 2 | 2 |
Eric Joelner, Fish, Inc. D/B/A Xxxtreme Entertainment, Free Speech, Inc., and First Amendment, Inc. v. Village of Washington Park, Illinoisgreen2 sentences2007Joelner v. Village of Washington Park, 378 F.3d 613, 622 (7th Cir. 2004). 12 “(1) the State is regulating pursuant to a legitimate governmental power [citation]; (2) the regulation does not completely prohibit adult entertainment [citation]; (3) the regulation is aimed not at the suppression of expression, but rather at combating the negative secondary effects caused by adult entertainment establishments [citation]; and (4) the regulation is designed to serve a substantial government interest, narrowly tailored, and reasonable alternative avenues of communication remain available [citation]; o 2007Joelner v. Village of Washington Park, 378 F.3d 613, 622 (7th Cir.2004). [12] Applying the foregoing analytical framework to the Somerset village ordinance, the Seventh Circuit held that the village's regulation of alcohol sales and consumption in inappropriate locations was clearly within its general police powers. | 2 | 2 |
Chicago Park District v. Canfieldgreen2 sentences2018Chicago Park District v. Canfield, 382 Ill. 218, 223-24 (1943). 2017Chicago Park District v. Canfield , 382 Ill. 218 , 223-24, 47 N.E.2d 61 (1943). | 1 | 2 |
Speed District 802 v. Warninggreen1 sentence2023Speed District 802 v. Warning, 242 Ill. 2d 92, 137 (2011). ¶ 51 An intermediate standard applies for mixed questions of law and fact, which occurs where the dispute pertains to the legal effects of a set of facts. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Peterson
green
2 sentences2024In re K.P., 2020 IL App (3d) 190709, ¶ 41 (citing People v. Peterson, 2017 IL 120331, ¶ 37 ). ¶ 33 In evaluating a child’s best interest, the trial court must consider the following statutory factors: -7- “(1) the child’s physical safety and welfare; (2) the development of the child’s identity; (3) the child’s familial, cultural and religious background and ties; (4) the child’s sense of attachments, including love, security, familiarity, continuity of affection, and the least disruptive placement alternative; (5) the child’s wishes and long-term goals; (6) the child’s community ties; (7) the 2024In re K.P., 2020 IL App (3d) 190709, ¶ 41 (citing People v. Peterson, 2017 IL 120331, ¶ 37 ). ¶ 52 In evaluating a child’s best interest, the trial court must consider the following statutory factors: “(1) the child’s physical safety and welfare; (2) the development of the child’s identity; (3) the child’s familial, cultural and religious background and ties; (4) the child’s sense of attachments, including love, security, familiarity, continuity of affection, and the least disruptive placement alternative; (5) the child’s wishes and long-term goals; (6) the child’s - 11 - community ties; (7) t | 7 | 2020–2024 |
City of Belvidere v. Illinois State Labor Relations Board
green
2 sentences2007See Carpetland U.S.A., Inc. v. Illinois Department of Employment Security, 201 Ill. 2d 351, 369 , 776 N.E.2d 166 (2002); City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191, 205 , 692 N.E.2d 295 (1998). 2007See Carpetland U.S.A., Inc. v. Illinois Department of Employment Security, 201 Ill. 2d 351, 369 , 776 N.E.2d 166 (2002); City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191, 205 , 692 N.E.2d 295 (1998). | 7 | 2002–2007 |
United States v. O'Brien
green
2 sentences2007Rather, its validity turned on whether it passed the less stringent intermediate standard set forth in United States v. O’Brien, 391 U.S. 367 , 20 L. 2007Rather, its validity turned on whether it passed the less stringent intermediate standard set forth in United States v. O’Brien, 391 U.S. 367 , 20 L. | 2 | 2006–2007 |
Manning v. Department of Employment Security
green
2 sentences2007AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 392 (2001); Manning, 365 Ill. 2007AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380, 392 (2001); Manning, 365 Ill. | 2 | 2007–2007 |
Du Page County Airport Authority v. Department of Revenue
green
2 sentences2005Du Page County Airport Authority, 358 Ill. 2005Du Page County Airport Authority , 358 Ill. | 2 | 2005–2005 |
Arneson v. Olson
green
2 sentences1997This court rejected the intermediate test employed by the Supreme Court of New Hampshire in Carson v. Maurer, 120 N.H. 925 , 424 A.2d 825 (1980) and by the Supreme Court of North Dakota in Arneson v. Olson, 270 N.W.2d 125 (N.D.1978). 1997This court rejected the intermediate test employed by the Supreme Court of New Hampshire in Carson v. Maurer, 120 N.H. 925 , 424 A.2d 825 (1980) and by the Supreme Court of North Dakota in Arneson v. Olson, 270 N.W.2d 125 (N.D. 1978). | 2 | 1986–1997 |
In re J.B.
green
1 sentence2023In re K.P., 2020 IL App (3d) 190709, ¶ 41 (citing People v. Peterson, 2017 IL 120331, ¶ 37 ). ¶ 35 In reaching a best interest determination, the trial court must consider, within the context of the child’s age and developmental needs, the following factors: “(1) [T]he child’s physical safety and welfare; (2) the development of the child’s identity; (3) the child's familial, cultural[,] and religious background and ties; (4) the child’s sense of attachments, including love, security, familiarity, continuity of affection, and the least disruptive placement -9- alternative; (5) the child’s wishe | 1 | 2023–2023 |
Hanks v. Illinois Department of Healthcare and Family Services
neutral
1 sentence2023Hanks v. Illinois Department of Healthcare & Family Services, 2015 IL App (1st) 132847, ¶ 19 . | 1 | 2023–2023 |
Dept. of Cent. Management Services v. Ilrb
green
2 sentences2013We recently outlined this intermediate standard in Public Service Administrator, Option 2 as follows: “A mixed question of fact and law is one that involves the examination of the legal effect of a particular set of facts. [Citation.] Put another way, ‘a mixed question is one “in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or *** whether the rule of law as applied to the established facts is or is not violated.” ’ [Citation.] When reviewing these mixed questions, we give a diminished a 2013We recently outlined this intermediate standard in Public Service Administrator, Option 2 as follows: “A mixed question of fact and law is one that involves the examination of the legal effect of a particular set of facts. [Citation.] Put another way, ‘a mixed question is one “in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether the facts satisfy the statutory standard, or *** whether the rule of law as applied to the established facts is or is not violated.” ’ [Citation.] When reviewing these mixed questions, we give a diminished a | 1 | 2013–2013 |
City of Erie v. Pap's A. M.
green
2 sentences2007Pap's A.M., 529 U.S. at 296 , 120 S.Ct. at 1394-95 , 146 L.Ed.2d at 282 . 2007Pap's A.M., 529 U.S. at 296 , 120 S.Ct. at 1394-95 , 146 L.Ed.2d at 282 . | 1 | 2007–2007 |
Carson v. Maurer
red
2 sentences1997This court rejected the intermediate test employed by the Supreme Court of New Hampshire in Carson v. Maurer, 120 N.H. 925 , 424 A.2d 825 (1980) and by the Supreme Court of North Dakota in Arneson v. Olson, 270 N.W.2d 125 (N.D. 1978). 1997This court rejected the intermediate test employed by the Supreme Court of New Hampshire in Carson v. Maurer, 120 N.H. 925 , 424 A.2d 825 (1980) and by the Supreme Court of North Dakota in Arneson v. Olson, 270 N.W.2d 125 (N.D. 1978). | 1 | 1997–1997 |
Hall v. Gillins
green
2 sentences1997We adhere to the Bernier holding for purposes of evaluating section 2-1115.1. [3] In Hall v. Gillins, 13 Ill.2d 26 , 147 N.E.2d 352 (1958), this court upheld as constitutional a cap on damages obtainable under the Wrongful Death Act because the legislature created both the right and the remedy. 1997We adhere to the Bernier holding for purposes of evaluating section 2-1115.1. [3] In Hall v. Gillins, 13 Ill.2d 26 , 147 N.E.2d 352 (1958), this court upheld as constitutional a cap on damages obtainable under the Wrongful Death Act because the legislature created both the right and the remedy. | 1 | 1997–1997 |
Hanson v. Williams County
green
2 sentences1990Applying an intermediate standard of review because of the “important substantive right” involved (the right to recover for personal injuries), the court could find no “close correspondence between the classification created by [the statute], and the stated legislative goals as would justify the unequal treatment wrought by [the] statute.” (Hanson, 389 N.W.2d at 328 .) The court stated: “We do not question the Legislature’s conclusion that there may have been a ‘crisis’ facing North Dakota manufacturers because of unaffordable products liability insiirance. 1990Applying an intermediate standard of review because of the "important substantive right" involved (the right to recover for personal injuries), the court could find no "close correspondence between the classification created by [the statute], and the stated legislative goals as would justify the unequal treatment wrought by [the] statute." ( Hanson, 389 N.W.2d at 328 .) The court stated: "We do not question the Legislature's conclusion that there may have been a `crisis' facing North Dakota manufacturers because of unaffordable products liability insurance. | 1 | 1990–1990 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.